BACK TO BLOG September 8, 2019

My Ex Is Always Late for Pickup. What Can I Do?

After a family court order or agreement for visitation is reached, it is important that all parties to the agreement follow through with the terms of the agreement. Unfortunately, that does not always happen. Some of the frequent complaints we get are that the other parent:

  • Shows Up Late for Pickup
  • Cancels visitation at the last minute
  • Late with child support payments

If there is consistent behavior that violates a court order, an Enforcement action against the at fault party needs to be filed with Family Court. An enforcement action will point to specific instances where the party has failed to abide by the terms of the existing Court Order and asks the Court to grant the moving party money damages, attorney’s fees and possibly hold the at-fault party in contempt of Court. Contempt of Court would usually result in the at fault party being put on probation for a period of time to ensure he/she abides by the Court’s Order. If they fail to do so, the at fault party could potentially face jail time.

When considering an enforcement action, one must consider the costs—financial and emotional—as well as the benefits. If you are seeking a court to enforce its orders, you could spend thousands of dollars, miss several days of work, and make multiple appearances in court. And there is never a guarantee of any outcome. Texas family law judges vary widely in how they handle enforcement actions.

Contacting a Tyler family lawyer is the best way to find out if you have a viable enforcement action.